Myth #1

"Most people accused of this crime are guilty."

The Truth

This is perhaps the most troubling myth — one harbored by attorneys and the general public. In the overwhelming majority of drunk-driving cases in which a chemical test is obtained by police, an infrared breath analysis machine is used, not a blood test. This primary evidence is vulnerable to attack by a skillful practitioner. Most attorneys have no idea how woefully inadequate infrared breath machines are as evidence-gathering devices. There are at least thirty ways to rebut the evidence from these machines if the attorney understands how the machines work, what causes them to malfunction, and that they are nonspecific for alcohol. Field sobriety tests are not given uniformly, there is no scientific basis for assuming they are valid, and most officers either require the wrong tests or improperly instruct the suspect on how to perform the tests.

Myth #2

"Drunk driving is a minor offense."

The Truth

Many veteran attorneys remember when drunk-driving convictions led to fines of $50 to $150, with no suspension of driving privileges. Those days are long gone. A client accused of drunk driving deserves to be represented zealously because an unjustified conviction will have repercussions lasting for the rest of the client's life. In most states, a drunk-driving conviction can never be removed from a driving record. Most of those convicted also suffer serious financial and social consequences. Insurance rates for convicted drunk drivers will increase 500 percent to 1,000 percent above the premiums paid before the conviction. Many credit bureaus now include drunk-driving convictions on credit reports, affecting future employment and credit.

Myth #3

"Any attorney can defend an accused drunk driver."

The Truth

When a prospective client walks into the average law office and asks for help on a drunk-driving case, some attorneys will agree to represent that person even if they have never handled criminal matters. These naïve attorneys don't realize how much exposure to liability they have if they counsel clients to give up their constitutional and statutory rights and plead guilty to this serious offense. Drunk driving defense is unique — it requires not only an understanding of criminal law, but also a thorough understanding of the technical aspects of alcohol metabolism and alcohol testing. You should consult with a lawyer specializing in drunk driving defense work.

Myth #4

"These cases can't be won."

The Truth

This is the most prevalent myth about these cases. Not only do members of the general public believe this; so do many attorneys. In fact, experienced drunk-driving defense lawyers 'win' most cases of first offenders when there is no evidence of a wreck or other manifest bad driving. The national average for acquittals is about 50 percent for those accused of drunk driving if their cases are heard by juries. In some jurisdictions, only about 20 percent to 30 percent of all drunk-driving arrests lead to a conviction. The formula for success is to investigate exhaustively; conduct pre-trial discovery and motion practice aggressively; use evidentiary maneuvers and procedural devices skillfully; and present a well-conceived, thoroughly choreographed trial.

Myth #5

"Drunk-driving cases are just like any other criminal case."

The Truth

Nothing could be farther from the truth. In many areas, the courts handle these cases differently from other offenses. For example, in normal prosecution the state's physical evidence is always subject to independent analysis by the defense attorney. This is not true in drunk-driving cases, where breath tests are not even required to be preserved. Colorado used to require preservation of such samples, but no longer. The U.S. Supreme Court has said that it is perfectly acceptable that such critical evidence is destroyed, even where the state could have preserved it for less than $1 per sample. The judicial system has erected difficult hurdles for practitioners who defend drunk-driving cases — which is exactly why you need a specialist.